San Francisco Apartment Association
SFAA Magazine Archives

February 2001

Lily’s Diary

Prop. H on Hold

by Lily

January 2
Whew. I didn’t have to give back my tenants money, which they paid me on the passthrough I was awarded by the rent board last June—at least not yet. At a hearing held at Superior Court the day before Proposition H was to take effect, the judge effectively said, “whoa.” As a result of the legal bantering and jaw-dropping flexibility on the part of the judge and the attorneys representing the city, the whole thing was put on hold. But for the wrong reason, in my humble opinion. It’s been stopped until the Rent Board can work out regulations to implement its fair return requirement, not because Prop. H is fundamentally unconstitutional. Well, it is. Isn’t it? I mean, how can they work out fair return on a small building the owners have kept up beautifully for years—with many hours of sweat and sacrifice—because they thought it would provide not only a home but a retirement income? Tell me the fair return formula for that one.

January 12
It’s not just the twenty bucks I leave for each member of the Sunset Scavenger crew at Christmas time. At least I don’t think it is. A couple of years ago the crew chief told me that my recycling cans were the cleanest on his route. True story. Over the course of a long life, I have racked up a few accomplishments, but that compliment still makes me feel… well… much better than it should. And it can happen to you. I simply line those big cans with black, three mil contractor’s bags that I get at Discount Builders on Mission Street. Then, I insist that my tenants place their garbage in tightly-closed plastic bags and to make sure the top of the can is in place. When the cans are emptied, the black liner stays. Every few weeks or so I wipe off the tops of the cans (plastic) with Armor All. I also keep the area well-swept. Is that so hard? You too can become a hero to your garbage man.

January 20
My friend Sally finally got enough documentation on a drug-abusing tenant to start an eviction procedure. Yes, she had a lawyer. Well, sort of. He wasn’t from the city and wasn’t that current on our eviction laws. Well, it turns out that the amount due she wrote on the eviction notice did not include a credit for the interest the tenant had coming on his security deposit. You know, the annual five percent. Now she’s back to square one. By the way, she also found out that you shouldn’t include the late charge or a returned check charge either. Those are other ways to invalidate an eviction notice. Actually, I already knew that. You learn a lot of stuff like that at the SFAA meetings if you come early and listen to the lawyers’ panel.

February 5
Another contribution small property owners make to the city (that they’re never thanked for) is goodwill work with immigrant tenants. And it isn’t easy. There are vast differences in the expectations of different nationalities. Let me give you an example. The French couple in Apt. #1 moved out last week. They were a little haughty but immaculate and intelligent. I overlooked the inconvenience of receiving late rent, sometimes in travelers checks, and being constantly asked for small favors such as using my fax, parking in the driveway “oonly for a meenit,” accepting packages, letting in cleaners, etc. When they gave their notice last month our friendly relationship changed. They insisted that I pitch prospective tenants on buying their drapes and bookcases, and by the way, could I mention the dining room set? When I said I didn’t feel comfortable doing that (for starters, the drapes were… well… skimpy) they became furious and insisted that this was the obligation of a landlord. Apparently it is—in France. And these people were English-speaking, middle-class Europeans. Property owners with tenants from more exotic parts of the world have far greater problems. In many cases it is we who must familiarize them with customs of cleaning, banking and fire codes, and help them to access medical care, schools for their children, law enforcement and a range of other city services. We do it willingly and are often remembered fondly for it. But the point is, we do it.


Lily’s Diary is written by a longtime rental property owner who reserves the right to remain anonymous on the grounds that her tenants might gang up on her. The opinions are hers and do not necessarily represent those of the SF Apartment Magazine.